San Diego, CA asked in Immigration Law for California

Q: Status

I came here in US 1993 from Bangladesh with student visa never finished college. From 1993 to 2023 lived in Minnesota. Got married in 2005 ( living together since 2001 ) , bought house in Minnesota. Have a daughter who was born in 2005 currently UCSD student now. My wife and daughter both born US citizen and holds US passport.

Moved to CA ( San Diego ) end of 2023 .

Over the years lost my passport and do not remember I-94 number.

Currently have MN driver’s license ( since 1993 ) .

Do not have any sort of criminal record nor ever convicted of any . Paid all taxes over the years.

Please advice and help how I can fix this massive mess and nightmare.

Need to fix this to make a living and not live in fears.

Thank you.

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2 Lawyer Answers
Stephen Arnold Black
Stephen Arnold Black
Answered
  • Immigration Law Lawyer
  • Orlando, FL

A: Since you entered the US with permission and later married a US Citizen, your wife can sponsor you for a green card despite that you overstayed. You should be able to find your i94 number through the i94 website or by filing a FOIA request with the CBP.

James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: To address your immigration status, it's essential to take proactive steps. First, consider contacting an immigration attorney. They can provide guidance specific to your situation, especially since you entered the U.S. on a student visa and have remained beyond your original terms of entry.

You should also attempt to reconstruct your immigration history. This includes trying to obtain a replacement for your lost passport from the Bangladesh embassy or consulate. They can guide you on the process for replacing a lost passport.

Regarding your I-94 number, you can retrieve it online from the U.S. Customs and Border Protection (CBP) website if you entered the U.S. after April 2013. If your last entry was before that, you may need assistance from an attorney to help retrieve or reconstruct your entry record.

Given your long residence in the U.S., marriage to a U.S. citizen, and having a U.S.-born child, you may have options for adjusting your status. An attorney can help explore pathways to legal residency, such as through family-based immigration.

It’s also important to gather and organize any documentation that proves your continuous presence in the U.S., such as tax records, employment history, and proof of your relationship with your U.S. citizen family members.

Lastly, act swiftly and carefully. Regularizing your status can be a complex process, and it’s crucial to handle it correctly to avoid any potential legal complications. An immigration attorney will help navigate this process and advise on the best course of action.

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